Cornerstone Barristers

This Practice Note provides an introduction to the public sector equality duty (PSED) under the Equality Act 2010 and its role in the day-to-day business of public authorities and bodies. It highlights the key aims of the duty and breaks down relevant definitions such as ‘relevant protected characteristic’. Highlighting the scope and application of the PSED, this Practice Note provides references to case law and guidance to illustrate key considerations for delivering the different aims. It also discusses the processes for assessment under the PSED and the role and involvement of the Equality and Human Rights Commission.

This Practice Note considers the law around whether the decisions in cases taken to Strasbourg are binding on the UK. It outlines how the Human Rights Act 1998 gives effect to Convention rights and the extent of the mirror principle.

This Practice Note provides guidance upon the tenancy condition, which must be satisfied in order for a tenant to have security of tenure pursuant to section 79 of the Housing Act 1985. It also considers the issues which can arise where security of tenure is threatened.

This Q&A addresses the question of whether, when a landlord has failed to register a tenancy deposit within the 30-day period for doing so, their successor in title can enter into an agreement with the tenant which provides that the tenant will not take action for the failure.

This Q&A looks at whether a tenant can recover overpayments made to a landlord, including by a restitutionary claim in unjust enrichment.

This Q&A considers who the tenant of a commercial unit should bring legal proceedings against when they suffer damage from a leak from a residential property upstairs. Specifically, this Q&A addresses the question of whether, in circumstances where the landlord is the same for both the commercial and residential unit, the commercial tenant should bring proceedings against the residential tenant or instead against the landlord requiring them to enforce the residential tenant’s lease.

This Q&A considers the question of how a judgment creditor who has obtained a final charging order over a debtor’s property can obtain information about a prior registered charge on the property before deciding to apply for an order for sale.

This Q&A considers professional arbitration on court terms and what it can be used for.

This Q&A considers whether B taking A’s post up the staircase and leaving it through A’s door, for which B has a key for access would constitute delivery of good service for providing notices by post under an AST.

This Q&A considers the procedure for a landlord to serve notice to terminate a farm business tenancy where there are two tenants (a husband and wife) but where one is currently out of the country.

This Q&A considers whether a landlord in a business tenancy who serves a section 25 notice putting forward their proposals for terms for a new business tenancy between the parties is bound by the proposed rent that they included in their section 25 notice.

This Q&A looks at how to ascertain the periods of a tenancy and when a notice to increase rent under section 13 of the Housing Act 1988 should take effect.

This Q&A considers whether a landlord can change the locks on a property after the lease has been forfeited and a possession order obtained or whether, if the tenant is still in the property, a writ/warrant is needed.

This Q&A addresseswhether there is any legislation that provides that a statement of truth is as good as a statutory declaration in circumstances where a lender is asking for a statutory declaration but the client is unable to travel to see a commissioner for oaths.

This Q&A considers whether a sale by auction is void if the lender obtains a possession order the day before the sale.

This Q&A considers whether a landlord who has let a domestic garage requires a court order in order to take back possession of the garage subsequent to a notice to quit having been served and having expired. It also addresses the question of what legal process has to be followed with respect to any goods which are left in the garage when possession has been taken back by the landlord.

This Q&A considers what options a person has to access neighbouring land for the purposes of carrying out building work on their own land where the neighbour has refused to grant access.

This Q&A considers whether a tenant is still entitled to at any point give one-month notice to quit after expiry of a fixed term AST if the landlord serves a section 21 notice giving two months’ notice.

This Q&A addresses the question of whether a 12-month fixed term licence can validly include a clause which provides that the licence will, at the end of its fixed term, automatically renew for a further 12 months unless the licensee has served three months’ written notice that they do not wish it to renew. Specifically, this Q&A addresses the question of whether such a clause would be an unfair contract term.

This Q&A considers whether the procedure for forfeiting a residential lease differs if the lease is held by a limited company rather than an individual.